"I have a FERPA problem. I spent
four hours making phone calls to the school to get copies of my son's
records. The school says federal law gives them 45 days to honor my
request. They hung up on me! Do I have to wait 45 days? What can I
do?"

This mom says, "I have a FERPA
problem. What can I do?"

We say, "FERPA is the least of
your problems. You need a crash course in advocacy!"

We offer a Wrightslaw
Game Plan to help this parent get copies of her son's records
-- and rebuild damaged relationships with school personnel.

2. Learn About FERPA: Parent Right
to Inspect and Review Education Records

Parents have a right to inspect and
review all education records relating to their child. This right to
"inspect and review" includes the right to have copies of
records and to receive explanations and interpretations from school
officials.

What are "education records"?

Education records are instructional
materials "including teacher's manuals, films, tapes, or other
supplementary material which will be used in connection with any survey,
analysis, or evaluation of a student."

Education records are IEPs, tapes of
IEP meetings, and letters between parents and schools.

* What is FERPA?
* What are education records?
* What are the parent's rights to inspect and review?
* When may records be disclosed?

3. Test Protocols and Answer Sheets:
Can Parents Receive Copies?

When we speak at conferences, parents
say, "The school will not let us have copies of test protocols/answer
sheets because they are copyrighted. Is this true?"

Last weekend, a Houston parent reported,
"The district refuses to let me have a copy of the Childhood
Autism Rating Scale because it is copyrighted. I have a Master's degree
in counseling and written permission from the publisher to purchase
and administer this test. The school says I must be in due process
and use a subpoena to get a copy of this protocol."

These parents are getting bad advice.
This bad advice supports our position that parents must learn to do
legal research on their own. Do not accept legal advice from school
personnel.

In 1997, the Office for Civil Rights
issued a Memorandum about test protocols and answer sheets. Test protocols
used by psychologists to prepare reports are educational records.
Test booklets that identify students are education records. Booklets
that include questions and answers are education records.

Your right to "inspect and review"
your child's education records includes copies of test protocols and
answer sheets. FERPA does NOT create an exception for "copyrighted
materials."

In Falvo v. Owasso Indep. School District,
the U. S. Court of Appeals for the Tenth Circuit was asked to decide
if allowing students to grade one another's papers and call grades
out in class violated the Family Education Rights and Privacy Act
(FERPA).

Background

Kristja Falvo is the mother of three
children who attended school in Owasso Independent School District.
Sometimes, the teachers had their students grade one another's assignments
and tests. The students called out their grades to the teacher. Ms.
Falvo complained to school personnel because her children were embarrassed
when other students learned their grades. The district continued to
use this grading practice.

When the court examined the practice
of having students grade one another's tests and other work and to
call out their grades in class, the court found that this practice
violates FERPA:

"The plain language of the relevant
provision of FERPA . . . reveals that it is intended to protect the
privacy of students and their parents . . . an educational agency
or institution is absolutely precluded from receiving federal funds
if it maintains a policy or practice of allowing disclosure of education
records to unauthorized individuals or entities without parental consent."

Can Parents Challenge Grades?

According to FERPA, schools must provide
parents an opportunity to challenge the content of education records.
Does this include grades?

"The School District asserts that
Congress could not have reasonably intended to allow parents to challenge
in a hearing the accuracy of a grade placed on a student's homework
or test by another student."

"To the contrary, Congress could
have sensibly intended to provide parents a means to challenge the
accuracy of grades on individual homework and test papers. Indeed,
a challenge to "institutional records" such as a semester
grade might necessarily require an investigation into the accuracy
of the individual homework and test grades used to calculate the final
semester grade."

"Imagine a student who . . . records
grades on another student's papers which are lower than that which
the student actually earned. Such inaccurate student grading could
significantly impact the slighted student's more permanent grades.
In such a situation, a parent has a definite and strong need to challenge
the accuracy of the student-recorded grades."

NOTE:
The district appealed this decision to the U. S. Supreme Court. The
Court will hear oral argument on November 27, 2001. A decision is
expected during the 2001-2002 term. We will advise newsletter subscribers
when the high court issues a decision in this case.

5. FETA Gets Good Frades from Parent
Advocates

"From a parent's point of view,
From Emotions to Advocacy is the best book I've ever read about the
process. It is written simply so I can understand it."

"I would have given anything to
have had this book years ago, before my little girl was placed in
a self-contained classroom with boys. She is now in a regular education
class. She is struggling but happy!"

"With the help of your site and
your books, I learned she has rights -- and I learned to advocate
for her."